Q: Can an employer take money out of your pay?

In a commission situation, can an employer take money out of an employees paycheck and give it to a charity of the employers choosing if the employee forgets to send out a daily email requested by the employer? (The amount deducted is $10 for the first three offenses, going up to $20 for the next three offences, then $30 after that. The email is a "thank you for visiting our store" email to a customer the employee met that day with a promotional video link attached.)

A: Florida does not have any laws regarding what deductions may or may not be taken from an employees paycheck or whether an employee must provide written consent prior to any deduction. The lack of a law prohibiting deductions likely means an employer can withhold or deduct wages from an employees pay check for:

•cash shortages

•breakage, damage, or loss of the employer’s property

•dishonored or returned checks

•required uniforms

•required tools

•other items necessary for employment (including written employer policies like you described).

In accordance with federal law, an employer may not make deductions for any of the above-listed items if it would cause the employee to earn less than federal minimum wage for the period in which the deduction was made.

Visit the Department of Labor (DOL) website for more information about what deductions employers can take from an employee's paycheck. I'm providing a link for your convenience here:

http://www.dol.gov/whd/regs/compliance/whdfs16.htm#.UIFzImdXNxA

You should speak to a local employment law attorney for specific legal advice after he/she has reviewed all the specific facts in your case.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.